(a) * * *
(4) Mortgage loans. If the annual percentage rate disclosed in a transaction secured by real property or a dwelling varies from the actual rate determined in accordance with paragraph (a)(1) of this section, in addition to the tolerances applicable under paragraphs (a)(2) and (3) of this section, the disclosed annual percentage rate shall also be considered accurate if:
(i) The rate results from the disclosed finance charge; and
(ii)(A) The disclosed finance charge would be considered accurate under Sec. 1026.18(d)(1) or Sec. 1026.38(o)(2), as applicable; or
(A) The disclosed finance charge would be considered accurate under Sec. 1026.18(d)(1) or Sec. 1026.38(o)(2), as applicable; or
(B) For purposes of rescission, if the disclosed finance charge would be considered accurate under Sec. 1026.23(g) or (h), whichever applies.
(5) Additional tolerance for mortgage loans. In a transaction secured by real property or a dwelling, in addition to the tolerances applicable under paragraphs (a)(2) and (3) of this section, if the disclosed finance charge is calculated incorrectly but is considered accurate under Sec. 1026.18(d)(1) or Sec. 1026.38(o)(2), as applicable, or Sec. 1026.23(g) or (h), the disclosed annual percentage rate shall be considered accurate:
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